Mahogany Knowledge Tree

I’m Paying The Court His Rent, Can I Get Evicted

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Our landlord owes the homeowner association so they are garnishing the rent. We have been paying the court according to the order, now our landlord is threatening to evict us for nonpayment. Can she really evict us for following a court order?

Disclaimer: I’m not a lawyer, so this isn’t legal advice.

I don’t fully follow the situation. Your landlord owes money to the homeowner association. There’s an order that you pay the court your rent. Presumably, that’s so that the court can take that money and transfer some or all of it to the HOA per a court order. Now your landlord wants payment and is threatening to evict you because, per the court order, you’ve been sending the money to the court.

If that’s the situation, then the court order takes precedence over your lease. That is: You have to comply with the court order (to pay the court) rather than the lease (to pay the landlord).

Can your landlord attempt to evict you? Yes. And sometimes it’s a cut-and-dried matter. Tenant hasn’t been paying rent. Eviction approved.

But in this case, you’ve got what appears to be a solid defense: You’re complying with the court’s order that you send your rent to the court.

Please see a lawyer. You really don’t want the situation to proceed to eviction, if it can be avoided. That means someone has to tell the landlord that you’re complying with the court order. (And I wonder if her pressure on you to violate the court order actually can get her into deeper legal trouble. I expect it might.) Follow your lawyer’s advice. Until then, comply with the court order.